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2020 Supreme(Raj) 385
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta and Vijay Bishnoi, JJ.
Deepika - Appellant
Versus
State Of Rajasthan And Others - Respondent
D.B. Habeas Corpus Petition No. 164 of 2019
Decided On : 07-04-2020
Rajendra Choudhary, for the Appellant; Farzand Ali, G.A. cum A.A.G. and H.S. Sidhu, for the Respondents
The Child Welfare Committee's (CWC) failure to conduct a timely age inquiry, despite having relevant documents and the girl's persistent pleas for release, amounted to malafide intent and resulted in the illegal confinement of the girl at the Balika Gruh, for which compensation was awarded.
Headnote:
JUVENILE JUSTICE ACT - AGE DETERMINATION - COMPENSATION - ILLEGAL CONFINEMENT - CHILD WELFARE COMMITTEE'S (CWC) FAILURE TO CONDUCT TIMELY AGE INQUIRY RESULTING IN UNLAWFUL DETENTION OF MAJOR GIRL AT BALIKA GRUH - CWC'S MALAFIDE INTENT - COMPENSATION AWARDED TO DETENUE.
Fact of the Case:
A habeas corpus petition was filed challenging the illegal confinement of a girl, Mst. 'D', at the Balika Gruh, Jodhpur, despite her having attained the age of majority. The Child Welfare Committee (CWC), Pali, failed to pass a lawful order regarding the girl's future course of action, leading to her prolonged detention.
Finding of the Court:
The court found that the CWC, Pali, acted in a malafide manner by intentionally deferring the age-related inquiry of the girl, resulting in her illegal confinement at the Balika Gruh for nearly 11 months. The court held that the CWC's conduct was contrary to the mandate of the Juvenile Justice Act.
Issues: 1. Whether the CWC, Pali, acted in a bonafide manner in conducting the age-related inquiry of the girl. 2. Whether the girl was illegally confined at the Balika Gruh due to the CWC's malafide intent. 3. Whether compensation should be awarded to the girl for her illegal confinement.
Ratio Decidendi: 1. The court held that the CWC, Pali, did not act in a bonafide manner as it intentionally deferred the age-related inquiry despite having relevant documents and the girl's persistent pleas for release. 2. The court found that the girl was illegally confined at the Balika Gruh due to the CWC's malafide intent, which resulted in her prolonged detention even after she attained majority. 3. The court awarded compensation to the girl for her illegal confinement, considering the CWC's malafide actions and the prolonged period of her detention.
Final Decision: The court directed the former Chairperson and Member of the CWC, Pali, to pay compensation of Rs. 50,000/- each to the girl for her illegal confinement. The court also directed the District Judge, Pali, to take necessary steps for the recovery of the compensation amount if it was not deposited within 60 days.
JUDGMENT
Sandeep Mehta, J. - The instant habeas corpus writ petition was preferred by the petitioner Mst. 'D', the alleged detenue against her illegal confinement at the Balika Gruh, Jodhpur despite having attained the age of majority.
2. The matter came up for consideration on 08.08.2019 and the court was apprised by the petitioner's counsel that the Child Welfare Committee, Pali (hereinafter referred to as 'CWC, Pali') was deliberately sitting tight over the matter and had failed to pass a lawful order regarding the future course of action qua the petitioner. Thereupon, we directed the CWC, Pali to forthwith pass an appropriate order regarding the future of the girl in light of the school record. Considering the gross and undue delay occasioned in deciding the matter, the Chairperson of the CWC, Pali was directed to remain present on the next date of hearing, which was fixed as 20.08.2019.
3. On 20.08.2019, Mr. Durga Ram Arya, Chairperson, CWC, Pali appeared in the court and the following order was passed in his presence:-
"Shri Jawarilal, being the father of the petitioner, lodged a Missing Person Report No. 16/2018 on 13.07.2018 at Police Station Sojat City, District Pali alleging that his daughter Deepika had gone away from his house carrying her Aadhar Card and educational documents with herself. It is specifically mentioned in the report that the girl's age was 19 years.
At a later point of time, a case (FIR No. 197/2018) for offences under Sections 363 & 366-A IPC and that under Sections 16 & 17 of the POCSO Act came to be registered against the respondent No. 4 Prakash.
The girl was traced out in September, 2018 and was lodged at the Balika Gruh, Jodhpur under the direction of CWP Pali. As per the original record, the officials of the Balika Gruh, Jodhpur forwarded repeated communications to the Child Welfare Committee ('CWC') Pali to pass appropriate directions for the rehabilitation/welfare of the girl.
However, no steps were taken in this regard as per the mandate of the Juvenile Justice Act, 2015. In the intervening period, the girl was summoned to give evidence in Sessions Case No. 339/18 registered against the said Prakash. Her statement was recorded on 17.05.2019 wherein she has affirmatively stated that her date of birth is 17.02.2000. She denied that she had been subjected to sexual assault by the alleged accused.
Compelled with her grossly illegal confinement at the Balika Gruh, Jodhpur despite being a major even on the date of filing of the MPR, the petitioner has preferred the instant habeas corpus petition.
As pet Section 29 of the Juvenile Justice Act, 2015, the Child Welfare Committee constituted under Section 27 of the Act has the authority to dispose of the cases for the care, protection, development and rehabilitation of the children in need of care and protection.
Manifestly, the girl has been crying out loud from the very first day that she was major. Despite repeated requests being made by the Superintendent of Balika Gruh, Jodhpur, the CWC, Pali failed to pass appropriate order regarding the major girl and has facilitated her illegal confinement for nearly one year.
An application dated 04.04.2019 filed by the petitioner to the CWC is available on record wherein she has categorically stated that her date of birth is 17.02.2000. As per the letter dated 04.02.2019 forwarded from the School concerned, her date of birth is recorded as 25.08.2000. The CWC replied to the said letter of the Superintendent mentioning that the order regarding the date of birth and inquiry would be passed in due course of time.
Ultimately, on being apprised of these startling facts and circumstances, this Court passed order dated 08.08.2019 mandating the CWC, Pali to pass appropriate order regarding the future of the girl in light of the school record with the intimation that failure to do so would invite suitable action.
The Chairperson, CWC Pali Shri Durga Ram Arya, present in the Court, has submitted before us, the order
